Tuesday, August 22, 2006

Verizon and AT&T have been linked, using open sources, to the same fact pattern which Judge Taylor Diggs found illegal and unconstitutional. Also, the Verizon General Counsel has been linked with DOJ, AT&T, the billing companies, and other intermediaries supporting NSA.

Verizon is in the middle of the same damaging fact pattern, apparently the subject of what appears to be a broadening criminal investigation of illegal NSA activity. Ref

DoJ's assertions in the motions before the district court appear to violate FRE 11(b) Ref. DoJ's public assertions are not consistent with the law, Constitution, or Executive orders. DoJ's ultimate objective is not to protect any secret, but to suppress information related to illegal activity. Verizon knows, or should know, this fact pattern is publicly linked with AT&T, Amdocs, NARUS, and the illegal warrantless surveillance program; and is the basis to allege Verizon has acted with recklessness.

However, all the information linking Verizon to the illegal billing transfer is publicly available, and includes the same organizations, personnel, and facts which link to the NSA and AT&T.

DoJ's public assertions that the matter is a state secret are laughable. It is unlawful to classify information related to illegal activity.

DoJ cannot credibly explain why one set of acts, which both Judge Walker and Judge Diggs used to reject the state secrets privilege, can be relied upon to suppress the State-level inquiry.

DoJ's problem is that they hope to have the courts believe that the matters cannot be discussed. However, the Verizon General counsel, a former Assistant US Attorney, commented on the connection between Verizon and the NSA. His e-mail left open the possibility that Verizon may have provided NSA access to the facility.

DoJ cannot explain why its court filings are not consistent with public facts. Verizon General Counsel commented on matters Verizon and DoJ say they can't discuss; and the lines of evidence used to reject the state secrets claims are consistent with a second line of evidence linking Verizon to the NSA and the billing companies.

Verizon has made inconsistent statements, and this is admissible for purposes of impeaching Verizon as a witness. Ref

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Verizon internal e-mails prove there is a relationship between Verizon, AMDOCS, Telcordia, and the NSA. The ongoing public relationship between Verizon and NSA-JTTF billing-subpoena intermediaries is known through open documents filed with the Securities and Exchange Commission and the Department of Defense. Ref

SAIC sold AMDOCs, which subsequently established relationships with AT&T and NARUS to provide billing services.

Verizon has been linked to the illegal surveillance through Telcordia, Verizon's test center for the fiber optic cable which the NARUS STA 6400 splices and transfers. Details of the NARUS STA 6400, and the relationship to AT&T and the intermediaries is also publicly well known. Ref The extensive information was the basis for Judge Walker to rule the government did not have a bonafide claim of state secrets. Ref

Telcordia budget documents, linked to both Verizon and the NSA, include specific Executive Orders which prohibit the classification of illegal data. The Department of Justice knows, or should know, that Verizon and Telcordia have an ongoing relationship with the NSA and that illegal activity cannot lawfully be classified.

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Here is the information linking Verizon, AT&T, NARUS, and the billing companies. Note the names, personnel, organizations, and meeting times are consistent along all levels: Ref

The Verizon General counsel's e-mail similarly includes references to personnel, names, and other Verizon-related activities which have been affirmatively linked to the very things which DoJ says cannot be discussed. Ref

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The method of linking NSA, AT&T, Verizon, and Narus relies on an evidence model related to DNA-formation. Imagine one helix standing beside another. The Verizon line of evidence is one helix; and the AT&T-NARUS line of evidence is another.

DoJ cannot credibly say that the Verizon-related information cannot be discussed: The information is already openly available; the key players involved have already commented; and their public conduct is documented and affirmatively linked with activity the court has ruled is illegal.

As with a DNA molecule, there are common lines of evidence which branch between the AT&T-NARUS helix and the Verizon helix.

The two lines of evidence, already proving there was illegal activity in violation of the Constitution and law, are connected and related. Once one line of evidence related to AT&T shows that the claim of state secrets is dubious, the second line of evidence connected to the same fact pattern cannot credibly be protected.

Rather, both lines of evidence prove there is illegal activity, and that Verizon and AT&T are working with NARUS and the NSA to engage in unlawful, warrantless surveillance.

DoJ's problem is that the Verizon General counsel has publicly commented on something DoJ says cannot be discussed. The door has been opened, and the horses are free; it's too late for DOJ or Verizon put that horse back into the barn.

The novelty of the helix evidence model is that investigators and grand jury members at either the state or federal level can start with either AT&T or Verizon, and work their way through the illegal activity and arrive at the other firm. NSA rests at the center of both lines of evidence.

Also, regardless where one starts in the helix, open information leads to other evidence of illegal activity. The helix model allows anyone to find other publicly available information, further supporting Judge Digg's conclusion that the NSA-Verizon-AT&T activity is illegal.

Unlawful activity openly proven using non-classified data may not be legally classified nor protected by any claim or privilege. Rather, the information is evidence and a matter of criminal law. Verizon's error was to publicly comment on the matter; then openly publish internal Verizon e-mails linking Verizon to the very information DoJ says cannot be discussed.

As Judge Diggs wrote in her opinion, the conduct is illegal and inconsistent with the Constitution and public policy. DoJ and Verizon may not credibly invoke any claim of state secrets on a matter that is illegal, and is publicly known and linked with other illegal conduct.

To read more about the Helix Evidence Model, as it relates to Verizon-AMDOCs Billing and AT&T-NARUS lines of evidence, read more here.

Let the Commission know that the claims DoJ is making in the lawsuit are, as the Diggs Court found in Michigan, dubious. Rather, the information is openly available, and the Verizon details are linked to other information which the Court has already publicly stated were illegal. It is not lawful to classify evidence related to illegal activity.

Encourage the Maine Lead Plaintiff to review the Verizon Helix; and see the connections with the AT&T data. The common personnel combined with the Vaughn-Diggs rulings that the matters cannot be protected under state secrets, means that the DoJ assertions against Maine PUC are based on dubious claims.

Rather, Verizon General Counsel has already commented on the matter, leaving open the possibility that Verizon has provided to the NSA access to Verizon facilities; and this was done outside the required FISA provisions which require warrants.

The same lines of evidence showing the AT&T was linked to Narus and illegal, warrantless activity -- which Judge Vaughn cannot be protected by state secrets -- is also linked with another line of evidence linking Verizon to Amdocs.

Both lines of evidence, when merged as a single fact pattern, confirm the illegal activity, and demonstrate that both lines of evidence cannot lawfully enjoy any bonafide claim of state secrets.

The same arguments used to undermine the state secrets claims in re AT&T-NARUS, can also be used to show the Verizon line of evidence is also dubiously classified. Moreover, once the details of Verizon's e-mails are reviewed, this will further confirm evidence of illegal activity, and other ongoing relationships with the NSA and DoJ know are unlawful violations of FISA and the Constitution.

DoJ Staff Counsel have failed to credibly remove themselves. This activity is illegal. The State officials in your state need to hear from you.

DoJ Staff counsel are licensed by the state bars. The DoJ Staff counsel are required to report to the DoJ OPR evidence of severe illegal activity.

It is the job of the State Attorney Disciplinary Boards to review attorneys licensed to practice in your state. The state officials in your state need to hear from you.

The DoJ Staff which is assigned to your state need to be put under investigation. They have failed to comply with their oath of office, not removed themselves from illegal activity, and they have failed to report peer misconduct, as required, to the DOJ OPR.

Your state officials need to discuss with your State Attorney Disciplinary Board what plan there is to identify which DoJ Staff counsel are assigned to your state; and what timeline they plan to use to review the attorney conduct of those DoJ Staff counsel assigned to your state. It is not lawful for DoJ Counsel to remain associated with this illegal activity and they could be disbarred.